The 'squatting' of housing is a disorder for owners and 'squatters': the owners, on the one hand, cannot make legitimate use of their property and have to pay for supplies, community expenses, damages and legal expenses. Home squatters, on the other hand, resort to this route to survive, since in most cases they are people without resources who cannot afford to pay for a house.
It is difficult to know exactly how many 'squatted' homes there are in the country, but it is possible to find out about 'squatting' attempts through complaints. The Ministry of the Interior manages the following figures: in the last year and a half, Spain has registered 9,949 complaints for 'squatting' of homes, of which in 3,646 cases these homes were inhabited.
It should be noted that complaints have dropped by around 10% so far this year and that these data do not differentiate between trespassing or usurpation.
In Spain, 'squatting' is a crime included in the Penal Code that can occur in two ways:
The Government has extended Royal Decree Law 37/2020 until the end of 2022 to avoid evictions of vulnerable people without a housing solution. If the property is already 'squatted', it is best to contact specialized lawyers to follow the correct legal procedures to recover the property.
The vast majority of 'squatted' apartments belong to large holders, especially banks and investment funds. The least part of the cases occurs in homes of small owners.
The latter can follow some of these tips to avoid the 'squatting' of their home while they are on vacation or if it is a second home that is not regularly visited:
The fastest option is to go through the civil route. The reform carried out in 2018 in the Civil Procedure Law allows the squatters to be thrown out of the home in less time. Through criminal proceedings, the judge, in the event of a home invasion or usurpation, can resolve the immediate eviction as a precautionary measure.
In either of the two ways, professional legal and legal advice is key to following the correct steps.
